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july 2014

Supreme Court of India · 2014-07-16

M/S Ajeet Seeds Ltd vs K Gopala Krishnaiah

Citation / case number
AIR 2014 SUPREME COURT 3057
Court
Supreme Court of India
Petitioner
M/S Ajeet Seeds Ltd
Respondent
K Gopala Krishnaiah
Bench
N.V. Ramana, Ranjana Prakash Desai

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the complaint under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of lack of averment regarding service of notice. The Court clarified that it is not necessary for the complainant to explicitly state in the complaint that the notice was served, referencing the precedent set in C.C. Alavi Haji v. Palapetty Muhammed. The Court reinstated the complaint, emphasizing that the absence of service details does not invalidate the cause of action under Section 138 NI Act.

M/S Ajeet Seeds Ltd vs K Gopala Krishnaiah · Niyam